Tierney v. Liu

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Electronically Filed Supreme Court SCPW-13-0000001 19-FEB-2013 08:41 AM SCPW-13-0000001 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MICHAEL C. TIERNEY, Petitioner, vs. TOMMY LIU of the Department of Public Safety for the State of Hawai#i, Inmate Grievance Specialist, Respondent. ORIGINAL PROCEEDING ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.) Upon consideration of petitioner Michael C. Tierney s petition for a writ of mandamus, which was filed on January 4, 2013, and the documents attached thereto and submitted in support thereof, it appears that petitioner fails to demonstrate that a grievance submitted in compliance with the Department of Public Safety s submission policy has not been processed and/or investigated. relief. Petitioner, therefore, is not entitled to mandamus See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Barnett v. Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996) (mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual s claim is clear and certain, the official s duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available). Accordingly, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied. DATED: Honolulu, Hawai#i, February 19, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack 2

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